LEE HER CHOON TAN SOON HING

LEE HER CHOON TAN SOON HING

The appellate court allowed the defendant’s appeal because the trial judge’s awards for loss of earning capacity and pre-trial loss were unsupported by admissible evidence of the plaintiff’s personal income and were inconsistent with a later medical opinion indicating full recovery; medical expenses paid by the insurer were not fully recoverable and were limited to one-third; awards for the specific injuries were adequate and were not disturbed.

Citation
BL-12B-10-08/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant in Sessions Court: Lee Her Choon; Respondent / Plaintiff in Sessions Court: Tan Soon Hing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 December 2022
Case Number
BL-12B-10-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Road Traffic Accident) / Appeal From Sessions Court Assessment of Damages (quantum Only)
Outcome
Allow defendant's appeal; dismiss plaintiff's cross-appeal; set aside awards for loss of earning capacity and pre-trial loss; reduce medical expenses claim to one-third; uphold award for injuries as adequate; costs RM5,000.
Legal Topics
Quantum of Damages, Loss of Earnings, Medical Expenses, Appellate Review of Factual Findings
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Quantum of Damages Loss of Earnings Medical Expenses Appellate Review of Factual Findings

Case Brief

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Parties

Lee Her Choon

Appellant / Defendant in Sessions Court

Tan Soon Hing

Respondent / Plaintiff in Sessions Court

Procedural Posture

Civil Appeal (personal Injury Road Traffic Accident) / Appeal From Sessions Court Assessment of Damages (quantum Only)

Legal Issues

  1. 1 Whether the Sessions Court erred in awarding RM100,000 for loss of earning capacity
  2. 2 Whether pre-trial loss of earnings of RM120,000 (RM10,000/month) was proven
  3. 3 Whether medical expenses paid by insurer (RM36,598.10) are recoverable by the plaintiff

Ratio Decidendi

The appellate court allowed the defendant’s appeal because the trial judge’s awards for loss of earning capacity and pre-trial loss were unsupported by admissible evidence of the plaintiff’s personal income and were inconsistent with a later medical opinion indicating full recovery; medical expenses paid by the insurer were not fully recoverable and were limited to one-third; awards for the specific injuries were adequate and were not disturbed.

Court Disposition

Allow defendant's appeal; dismiss plaintiff's cross-appeal; set aside awards for loss of earning capacity and pre-trial loss; reduce medical expenses claim to one-third; uphold award for injuries as adequate; costs RM5,000.

Orders

  • Defendant's appeal allowed
  • Plaintiff's cross-appeal dismissed